INDEPENDENT REGULATORY REVIEW COMMISSION Notice of Comments Issued [31 Pa.B. 1424] Sections 5(d) and 5(g) of the Regulatory Review Act (71 P. S. § 745.5(d) and (g)) provide that the designated standing committees may issue comments within 20 days of the close of the public comment period, and the Commission may issue comments within 10 days of the close of the committees' comment period. The Commission's comments are based upon the criteria contained in subsections 5.1(h) and (i) of the act (75 P. S. § 745.5a(h) and (i)).
The Commission issued comments on the following proposed regulations. The agencies must consider these comments in preparing the final-form regulations. The final-form regulations must be submitted by the dates indicated.
Final-Form Submission
Reg. No. Agency/Title Issued Deadline 16A-7011 State Board of Certified 02/22/01 11/13/02 Real Estate Appraisers Fees for Board Services 6-271 Department of Education 02/26/01 12/11/02 Reimbursement Amounts for
National School Lunch and
Breakfast ProgramsState Board of Certified Real Estate Appraisers
Regulation No. 16A-7011Fees for Board Services February 22, 2001
We submit for consideration the following objections and recommendations regarding this regulation. Each objection or recommendation includes a reference to the criteria in the Regulatory Review Act (71 P. S. § 745.5a(h) and (i)) which have not been met. The State Board of Certified Real Estate Appraisers (Board) must respond to these comments when it submits the final-form regulation. If the final-form regulation is not delivered by November 13, 2002, the regulation will be deemed withdrawn.
1. General.--Clarity.
Fee report form
The fee report form and the preamble both state that the new fee for ''Application for Approval as Continuing Education Provider'' will be $85 while the fee in the proposed regulation is $55. The fee in the regulation should be changed from $55 to $85 to reflect the correct fee.
2. Section 36.6.--Fees.--Reasonableness; Clarity.
Application by examination
Application by reciprocity
The House Professional Licensure Committee has suggested, and we agree, that the fee categories of ''application by examination'' and ''application by reciprocity'' could give the impression that there are two different exam fees. To alleviate this confusion, the fee categories should be changed to ''licensure application fee'' and ''licensure by reciprocity.''
Application for certification as appraiser by examination
Application for certification as certified Pennsylvania evaluator
The application fees for certification as a real estate appraiser and as a Commonwealth evaluator have increased by more than 200%. By what percentage has the Board's operating costs increased? The Board should explain the reason for the substantial increase of the fees for these two applications.
Continuing education provider
The category of ''continuing education provider'' should be plural to be consistent with the other listed categories.
Department of Education
Regulation No. 6-271Reimbursement Amounts for National School Lunch and Breakfast Programs February 26, 2001
We submit for consideration the following objection and recommendation regarding this regulation. Each objection or recommendation includes a reference to the criteria in the Regulatory Review Act (71 P. S. § 745.5a(h) and (i)) which have not been met. The Department of Education must respond to these Comments when it submits the final-form regulation. If the final-form regulation is not delivered by December 11, 2002, the regulation will be deemed withdrawn.
1. Section 191.3. Payment of state reimbursements.--Clarity.
In Subsection (c)(1), the ''percentage'' symbol should be replaced with a ''cent'' symbol.
JOHN R. MCKINLEY, Jr.,
Chairperson[Pa.B. Doc. No. 01-420. Filed for public inspection March 9, 2001, 9:00 a.m.]
